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1 Legal Notice'
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CRY OF SALEM
BOARD OF APPEAL i
•; 745-095 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by ARMANDO LEZANNA
requesting a Variance from number of
stories to allow a third floor addition
ita for property located at 24 HOWARD
STREET R-2. Said hearing to be on
WEDNESDAY, OCTOBER 20,2004
AT 6:30 P.M., 120 WASHINGTON j
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
Chairman
r
CITY OF .SALEM, MASSACHUSETTS
�]► BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
'-- TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. ca
MAYOR o n H
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DECISION OF THE PETITION OF AMANDO LEZANNA REQUESTING A VARIANCE +-
FOR THE PROPERTY LOCATED AT 24 HOWARD STREET R-2 D t
rag
A hearing on this petition was held on October 20 2004 with the following Board CD
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Steven Pinto and a
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from the number of stories to allow a third floor
addition for the property located at 24 Howard Street located in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. The petitioner is seeking a Variance from the number of stories to allow a third
floor addition.
2. Plans were submitted showing the proposed addition to be constructed.
3. A letter in support of the petition was submitted by Steve Harris.
4. There was no opposition to this petition.
i
DECISION OF THE PETITION OF AMANDO LEZANNE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 24 HOWARD STREET R-2
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District. g
2. Literal enforcement of the provisions of the Zoning Ordinance would involve �o
substantial hardship to the petitioner.
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3. Desirable relief can be granted without substantial detriment to the public goo
and without nullifying or substantially derogating from the intent of the district or
the purpose of the Ordinance. o M(g
m
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant Re
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All construction shall be done as per the plans submitted.
3. All requirements of the Salem Fire Department shall be strictly adhered to.
4. Petitioner shall obtain a building permit before beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. Petitioner shall obtain a Certificate of Inspection.
7. Property not to be used as a three units.
Variance Granted
October 20, 2004
Richard Dionne C �SC/�
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the �.
Massachusetts General Laws Chapter 40A, and shall be filed within 20 day arXqt
date of filing of this decision in the office of the City Clerk. Pursuant toq
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Spe ' I Div
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has beed4iled,
or that, if such appeal has been filed, that is has been dismissed or denied is =
recorded in the South Essex Registry of Deeds and indexed under the name @f the ,
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal